S.Ct. Crim. No. 2007-0105

The Supreme Court affirmed the Superior Court's September 25, 2007 Judgment as to all counts, except that, consistent with its prior decisions, the Court reversed Appellant's conviction for unauthorized possession of ammunition. Specifically, the Court held that Appellant's Fourth Amendment rights were not violated by the admission of the physical evidence at trial, because the firearm was obtained pursuant to a valid Terry stop and the additional seized items were obtained pursuant to a search incident to a lawful arrest. Additionally, the Court held that the admission at trial of the police officer's suppression hearing testimony did not violate the Sixth Amendment's Confrontation Clause, because, though technically a direct examination, Appellant partook of cross-examination as a matter of form and his examination of the officer was not hindered by the trial court. Moreover, the Court held that the trial court did not abuse its discretion in admitting the firearm into evidence, because the local rules of evidence in affect at the time of Appellant's trial did not require specific authentication of non-writings and because both parties made full use of the procedure suggested in 5 V.I.C. § 778. Finally, the Court held that there was no Fifth Amendment violation in the admission of Appellant's inculpatory statements, because both statements were voluntarily and spontaneously made after Appellant was advised of his rights.